The process also includes identifying and valuing the deceased’s assets, paying off any debts and taxes, and distributing the remaining estate as per the will. 

Key Aspects of Probate: 

Validation of Will: Probate confirms the will’s authenticity, ensuring it was created without coercion and with the deceased’s full mental capacity. 

Executor’s Role: The executor named in the will is granted the authority to administer the estate. This includes managing and distributing assets according to the will’s instructions. 

Legal Oversight: Probate provides a legal framework for resolving any disputes about the will or estate distribution. 

What is a Grant of Administration? 

A grant of administration, on the other hand, comes into play when there is no valid will, or the named executor is unable or unwilling to act.

This process involves the court appointing an administrator to handle the deceased’s estate. 

Key Aspects of Grant of Administration: 

No Will or Executor: This is often required when a person dies intestate (without a will) or the appointed executor cannot perform their duties. 

Administrator’s Appointment: The court appoints an administrator, usually a close relative, to manage the estate. 

Distribution According to Law: The estate is distributed according to Alberta’s intestacy laws, which may differ from the deceased’s unwritten wishes. 

Comparing Probate and Grant of Administration: 

While both processes serve to manage a deceased person’s estate, the key difference lies in the presence or absence of a valid will. Probate adheres to the directives of a will, while a grant of administration is guided by statutory rules in the absence of one. 

Importance of Estate Planning: 

This comparison underscores the importance of estate planning and having a valid will. A clearly drafted will can simplify the probate process and ensure your wishes are respected.

Without a will, your estate falls under the impersonal rules of intestacy, which may not align with your personal wishes or the needs of your loved ones. 

Conclusion: 

Understanding the differences between probate and a grant of administration can provide clarity and direction during a challenging time.

At Jaswal Law, we’re committed to guiding you through these processes with expertise and empathy. For personalized advice and assistance in estate matters, feel free to contact us at info@jaswal-law.ca or 780-737-9999.